Agenda Memo 8105 Cass Ave-Darien Plaza Outlot

AGENDA MEMO

CITY COUNCIL

MEETING DATE: March 1, 2010

Issue Statement

PZC 2010-02: 8105 Cass Avenue, Darien Plaza outlot (sign location): Petitioner seeks a variation from the Sign Code to permit an off premises sign and to reduce the required setback from an interior side lot line from 30 feet to 19 feet.

ORDINANCE BACKUP

Overview

Both the Planning and Zoning Commission and the Municipal Services Committee, at their respective meetings, recommend approval of the petition as presented.

The draft ordinance is attached.

The complete staff memo follows as “Additional Information.”

Decision Mode

The Planning/Zoning Commission considered this item at its meeting on February 17, 2010.

The Municipal Services Committee considered this item at its meeting on February 22, 2010.

The City Council will consider this item at its meeting on March 1, 2010.

Additional Information

Issue Statement

Applicable Regulations: Sign Code: Section 4-3-7(B)(3): Signs Specifically Prohibited.

Sign Code: Section 4-3-7(E): Placement of Signs on Lots.

General Information

Petitioner: Landmark Sign Group

7424 Industrial Avenue

Chesterton, IN 46304

Property Owner: NNN Darien Business Center, LLC

c/o Grubb and Ellis Management Services, Agent

6400 Shafer Court, Suite 150

Rosemont, IL 60018

Property Location: 8105 Cass Avenue, Darien Plaza outlot

PIN: 09-34-102-018

Existing Zoning: B-1 Neighborhood Convenience Shopping District

Existing Land Use: Vacant, outlot to an adjacent shopping center

Surrounding Zoning and Land Use:

North: B-1 Neighborhood Convenience Shopping District: banquet hall/restaurant

South: B-1 Neighborhood Convenience Shopping District: office

East: B-1 Neighborhood Convenience Shopping District: shopping center

West: O Office: office, medical clinics

Comprehensive Plan Update: Commercial

History: The subject property, as well as the surrounding parcels, was annexed in 1972.

Size of Property: 1.74 acres

Floodplain: Floodplain map does not show floodplain on this lot.

Natural Features: None.

Transportation: Property has frontage onto Cass Avenue.

Documents Submitted

This report is based on the following information submitted to the Community Development Department by the petitioner:

1. ALTA/ACSM Land Title Survey, 1 sheet, prepared by Glen D. Krisch Land Surveyor, Inc., latest revision dated September 24, 2007.

2. Sign Drawing, 2 sheets, prepared by Landmark Sign Group, latest revision dated December 14, 2009.

Planning Overview/ Discussion

The petitioner proposes to construct a new free-standing sign to replace an existing sign at the same location. The proposed sign will replace the existing free-standing sign located at the north entrance to the Darien Plaza shopping center, which also provides access to the adjacent office buildings. However, the sign location does not comply with the Sign Code.

A public hearing is not required for considering a variation from the Sign Code. Therefore, public notice was not provided.

The proposed sign is considered an off-premises sign, a sign that does not advertise a business conducted or a product sold on the same property as the sign is located. Off-premises signs are prohibited. The sign is to be located on the outlot located in front of the Darien Plaza shopping center, but will advertise businesses located on the parcel behind the shopping center, 8141-8147 Cass Avenue, and the parcels to the south, 8201-8205 Cass Avenue.

A sign permit was issued for and constructed on 8201-8205 Cass Avenue. Since 8201-8205 Cass Avenue does not have it’s own driveway entrance off of Cass Avenue, staff assumes the proposed sign helps to identify the entrance for these office buildings. The petitioner should confirm.

The proposed sign is a free-standing sign, which complies with the maximum permitted height and sign area:

	Proposed	Sign Regulations, permitted
Sign height	10 feet	12 feet, maximum
Sign area	43 square feet	60 square feet, maximum
Base	Sign base equals 100% of the sign width.	Sign base must be at least 75% of the sign width.
Landscaping	Approximately 2.5 feet x 4+ feet	4 feet on all sides of sign.

Per the Sign Code, free-standing signs are to be located at least 20 feet from a driveway entrance. However, the Sign Code allows this setback to be reduced, for every foot greater than 4 feet that the sign is from the front lot line, the setback from the driveway may be reduced by a foot. The sign is to be 35 feet from the front lot line, therefore, this setback can be reduced by 31 feet. The proposed sign will be located within an island in the middle of the driveway entrance, just like the existing sign.

Per the Sign Code, free-standing signs are to be located at least 30 feet from an interior side lot line. The proposed site plan shows the sign to be 19 feet from the interior side lot line.

Per the proposed site plan, the sign will be located 35 feet from the street right-of-way, exceeding the minimum required setback.

Per the Sign Code, landscaping is required at the base of the sign, the landscaped area must be at least 4 feet in width on all sides of the sign base. Currently, the area around the sign is landscaped with shrubs. However, the area does not meet the area requirements. Per the Sign Code, the Director of Community Development may require the additional landscaping at an alternate location.

Staff could not find any previously granted variations or approvals for the existing sign location.

In considering a petition for a variation from the Sign Code, the Commission shall consider the following:

1. The available locations for adequate signage on the property.

2. The effect of the proposed sign on pedestrian and motor traffic.

3. The cost to the applicant in complying with the Sign Code as opposed to the detriment, if any, to the public from granting of the variation.

4. If undue hardships and practical difficulties result in complying with the Sign Code and if those hardships are a result of previous actions of the petitioner.

5. The general intent of the Sign Code.

Staff Findings/Recommendations

The property which contains the businesses to be identified on the sign does not provide adequate locations for the sign to be visible to the general public, the sign will not impact pedestrian or motor vehicle traffic, and staff believes the sign meets the general intent of the Sign Code.

Further, the proposed sign will be an improvement over the existing sign. In fact, other than the location, the proposed sign will be in greater compliance than the current sign. Therefore, staff recommends the Planning and Zoning Commission make the following recommendation in favor of the variation petition:

Based upon the submitted petition and the information presented, the request associated with PZC 2010-02 is in conformance with the standards of the Darien City Code and, therefore, I move the Planning and Zoning Commission approve the petition as presented.

Planning and Zoning Commission Review – February 17, 2010

The Planning and Zoning Commission considered this matter at its meeting on February 17, 2010. The following members were present: Beverly Meyer – Chairperson, Robert Erickson, Ronald Kiefer, John Lind, Raymond Mielkus, Kenneth Ritzert, Susan Vonder Heide, Michael Griffith – Senior Planner and Elizabeth Lahey – Secretary.

Members absent: Donald Hickok and Gloria Jiskra

Michael Griffith, Senior Planner, presented the staff report. He noted the location of the sign. He stated the main issue is that the sign is off-premises. He stated the proposed sign will be located in the same location as the existing sign, which is located at the south entrance to the Darien Plaza shopping center. He stated the sign itself complies with the Sign Code. He stated staff does not object to the sign, as it will be an improvement over the current sign.

He noted that the same property owner owns several other buildings along Cass Avenue and have replaced signs on those properties. He stated the proposed sign will be the same as those other new signs.

Shuan Ensign, Landmark Sign Group, the petitioner, described the sign and asked if they could raise the sign 6 inches.

Mr. Griffith stated as long as the sign did not exceed 12 feet in height, it would be fine.

Commission Ritzert asked if there were any prior approvals for the existing sign.

Mr. Griffith stated he could not anything on the existing sign. He stated that he understood the City annexed that area in the early 1970s as already built, so assumes the sign was permitted under the County’s ordinance at that time.

Chairperson Meyer asked about the set back from the side lot line.

Mr. Griffith stated that the sign does not meet the side yard setback, but stated he did not see that as a major issue. He said the current sign does not meet the setback and it has not caused a problem with vehicles coming off and onto Cass Avenue.

Mr. Griffith stated the Sign Code does not address a sign located within a driveway island.

There was a comment regarding the sign illumination and if the lighting would be on a timer. Mr. Ensign stated that the top part of the sign will be illuminated, but that the illumination would likely be less than the current sign due to the sign panel coloring. Mr. Ensign stated he did not know if the sign lighting would be on a timer, but stated he did not think the sign would be on all of the time, as that is not typical.

Commissioner Kiefer noted that the landscape area did not meet the code.

Mr. Griffith confirmed this, but stated that there is landscaping currently at the base of the sign and felt the intent was met. He stated the Sign Code allows for the Director to require landscaping elsewhere.

Mr. Kiefer did not see this as an issue, since there is already landscaping at the sign base.

There was not anyone from the public to offer comments.

Without further discussion, Commissioner Kiefer made the following motion, seconded by Commissioner Erickson:

Upon a roll call vote, THE MOTION CARRIED by a vote of 7-0.

(Commissioners Hickok and Jiskra were absent.)

Staff Comments for Municipal Services Committee

Based on the Planning and Zoning Commission’s recommendation, staff recommends the Committee make the following motion recommending approval of the petition:

Based upon the submitted petition and the information presented, the request associated with PZC 2010-02 is in conformance with the standards of the Darien City Code and, therefore, I move the Municipal Services Committee approve the petition as presented.

Municipal Services Committee Review – February 22, 2010

The Municipal Services Committee considered this matter at its meeting on February 22, 2010. The following members were present: Alderman Joseph Marchese – Chairman, Alderman John Galan, Alderman Ted Schauer, Dan Gombac – Director and Michael Griffith – Senior Planner.

Absent: Elizabeth Lahey – Secretary.

Michael Griffith, Senior Planner, reviewed the staff agenda memo, noted the requested sign variations and the Planning and Zoning Commission’s recommendation. He noted the proposed sign location. He stated the new sign will comply with the permitted sign height and area.

Alderman Schauer confirmed the new sign will be located in the same location as the existing sign.

Mr. Griffith stated yes, same location. He stated the existing sign has not caused any problems with motorist’s visibility.

Shaun Ensign, Landmark Sign Group, the petitioner, was present.

There was not anyone from the public to offer comments.

Without further discussion, Alderman Schauer made the following motion, seconded by Alderman Galan:

Based upon the submitted petition and the information presented, the request associated with PZC 2010-02 is in conformance with the standards of the Darien City Code and, therefore, I move the Municipal Services Committee approve the petition as presented.

Upon a voice vote, THE MOTION CARRIED by a vote of 3-0.